Notice for Tenant to Vacate.

[DealSeeker]

Hi,
If I want to get my tenant to vacate after the lease has expired,
Let say for purpose of argument the notice is 60 days to vacate.
Does the 60 days notice have to start after the lease expired?
Or can the 60 days be given to coincide with the lease expiry date. eg. if lease expires on Aug 1st 2014. I give the 60 days notice on June 1st 2014. So on Aug 2nd , the tenant would have already vacated the property?

Thanks

 

[Scott No Mates]

(NSW) If the tenant is still on a current lease, you can give 21 days notice to vacate (at any time up to the day prior to expiry of the lease), which may tie up with the date of the expiry or 20 days after lease expiry if served just prior to expiry. If you wait one day past the lease expiry, it will need to be 60 days notice + 4 days for postage. Big difference one day makes.

 

[Perp]

If I want to get my tenant to vacate after the lease has expired,
Let say for purpose of argument the notice is 60 days to vacate.
Does the 60 days notice have to start after the lease expired?

You have to give notice at least 60 days prior to the end of the lease date, if you want them to leave on that date. Which state is the tenant in? How long was the fixed term?

 

[Dazz]

Does the 60 days notice have to start after the lease expired?
Or can the 60 days be given to coincide with the lease expiry date.

I never muck around with the 60 days anymore. Have been bitten twice now trying to finesse the days.

Just give official notice 70 days prior to the expiry date in the prescribed formal manner, and the lawyers and tenancy advocates and tribunal members are then stuffed and cannot argue.....but then they can argue underwater with a mouthful of marbles so it still won't stop 'em.

 

[MightyWill]

Does the 60 days still apply if the lease has expired and it?s on what they call a rolling monthly lease? For example, I want to buy a place and have vacant possession but there are tenants in their on a expired lease. The 42 day settlement is short from 60 days to let the tenants know. Is it called a rolling monthly lease because you only have to give them one month notice?

 

[Perp]

Does the 60 days still apply if the lease has expired and it?s on what they call a rolling monthly lease? For example, I want to buy a place and have vacant possession but there are tenants in their on a expired lease. The 42 day settlement is short from 60 days to let the tenants know. Is it called a rolling monthly lease because you only have to give them one month notice?

If in NSW, my understanding is that the existing landlord can give the tenants a 30-day notice to leave due to sale of the premises, provided "vacant possession" is a requirement of the sale, per s 86.

But if you settle with the tenants in place, you have to give them 90 days' notice under s 85.

 

[Lil Skater]

In Victoria the notice periods are different, depending on what you're issuing the notice for.

All (except rent arrears and similar) can be served prior to a lease expiring, but the vacate date cannot be before the end of the lease (it can be the same date).